Texas Supreme Court Rules on Governor’s Authority to Prohibit Local Mask Mandates

The Supreme Court of Texas has ruled on the scope of power granted to the Governor by the Texas Disaster Act, in a case involving Governor Greg Abbott and Harris County. The court concluded that the Governor has the authority to prohibit local governments from mandating mask-wearing in response to a contagious disease. The court emphasized that the Governor’s power is not unlimited, even during a pandemic, and that the Texas Constitution, which provides the power to make and suspend laws, is a higher source of authority than the Disaster Act or an executive order. The court reversed the judgment of the court of appeals, dissolved the temporary injunction, and remanded the case to the district court for further proceedings. The ruling comes as the state has returned to normal daily life, with virus-related executive orders still in place as of June 2023. The Governor’s orders have primarily sought to preserve liberties by prohibiting local governments from imposing their own virus-related restrictions.